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8.2. PRSR 10-10-12 City 4l E REQUEST FOR ACTION River To ITEM NUMBER Parks and Recreation Commission 8.2. AGENDA SECTION MEETING DATE PREPARED BY Action Items October 10, 2012 Chris Leeseberg, Parks Planner/Planner ITEM DESCRIPTION REVIEWED By Request by Cornerstone Auto Resource for Preliminary and Michael Hecker, Parks and Recreation Final Plat Approval for plat of Jabez, Public Hearing- Case Director No. P 12-04 REVIEWED BY ACTION REQUESTED Staff recommends the Parks and Recreation Commission recommend approval of park dedication to be paid in the form of cash with the following conditions: 1. Park dedication fee shall be paid for 8.05 acres and at the rate applicable at the time the Final Plat is released for recording. (Currently, this figure is $58,748.90, or$7,298 for 8.05 acres) 2. Park dedication for Outlots A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are released for recording. OVERVIEW The applicant is requesting preliminary and final plat for the Plat of Jabez,which was approved in 2006 but allowed to expire. The applicants propose no changes to the plat. BACKGROUND/PRECEDENT The Plat of Jabez was approved by the City Council in April and May of 2006. The preliminary plat was extended to 2009,and again to 2010. No extension was requested in 2011. The plat has not been recorded. Since the final plat was not recorded,it and the preliminary plat expired in April,2010. The applicant is proposing additions onto the existing building. It is appropriate to record the final plat at this time. ANALYSIS Lot Configuration The plat of Jabez includes the replatting of seven lots into one lot and two outlots. Lot 1 is 17.73 acres and the two outlots are each 2 acres. Lot 1 houses the Cornerstone Auto Resource and car wash. There is no development planned for outlots A and B currently. Fees Part of the reason the applicant delayed recording the plat was to defer the payment of the fees (park dedication and surface water management). During the review in 2006, the City Council agreed that the applicable land area subject to park dedication is 8.05 acres, rather than the 17.73 acres of lot 1. Using N:ADepartments\Parks and Recreation A Recreation A2012 PRC Packets\HI-10-12 PRC Packet AItem 8-2 Jabez Dedication 'AAA R I U 1 I NATURE Case File:P 11-01 Plat of Jabez Page 2 that ratio, the park dedication fee is $58,748.90 ($7,298 per acre). In 2006, the Parks and Recreation Commission recommended fees be for the 17.73 acres. The commission should indicate if they support the 8.05 acre decision by the City Council in 2006. Parks Park Plan -The Comprehensive Park Plan does not indicate any park target area nor trail corridor in the wider area. ATTACHMENTS • Location Map • Parks and Recreation Commission Minutes—March 8, 2006 • Planning Commission Minutes -April 11, 2006 • City Council Minutes—April 17, 2006 • City Council Minutes —May 15, 2006 • Final Plat dated received September 26, 2011 Action Motion by Second by Vote Follow Up N:\Departments\Parks and Recreation\Recreation\2012 PRC Packets\10-10.12 PRC Packet\Item 8-2 Jabez Dedication Memo.docx • WV 662L6 ZIOZ/9oI'6spdeyr uoonolkager KIT aleld\val!w asap\6uPUVypuawdopraa AgunwwowWawuedaCVN / �'-• - i f I I, s" t - a t r f N • 'N. R-,.-. » .�.." h k {a r, cc '; �e,, • c E VD , jar - 1 ♦ R r I a d� p f a. 1 N ;: '� , , - � ' spa•. + ,'#.�N fir? �r np ,��/eT� � � It.� • eeeWWW k „y, ,r .4 r� A •r ._ Park&Recreation Commission Mmutes Page 2 March 8,2006 6. ' eceationMana:er's Re.•rt-B' uaer_ Direr ' of Parks and Recreation,Bill Maertz shared that the Parks and ,, =eation Dep. • ''.•t will have a booth at the Business Expo on March 26. Ra `esentatives will be available to : .mote recreation programs,arena programs and p...:projects. 7. •ire •r' ' -••• - • u ,ertz Director of Parks and Rect.. on,Bill Maertz sh.; that staff is working on an expansion plan at the YAC Complex. Th :•ansion w• • include four each of softball,baseball and soccer fields. The youth associatio . are pport of the project and would be eager to help with a possible referendum, fun.f. g and adding an additional field fee. Mr.Maertz shared the Pinewoo., olf Course':••erating projections and the current balance of the Park Dedication Fun.,- 8.1. Community Events- '. •er Weekend Games Director of Par.. "and Recreation,Bill Maertz shared that planninj' underway for the first annual Strid-. ' lide and Ride event,which will on July 29th. Several 1..-. groups will be putting • "'event together. The goals of the Stride,Glide and Ride are to •elop a comp- 'on where the beginning competitor can feel comfortable participatin •,-t people to . cipate in events they may have never tried before and promote the many r •urces River has to offer. 8.2.A Land Use Cases-Request by Elk River Ford for a Preliminary Plat Qabez) , Chris Leeseberg,Planner/Park Planner presented information regarding a request to create a five lot Preliminary Plat Staff recommends that the Parks and Recreation Commission recommend that park dedication be paid in form of cash at the commercial rate applicable at the time of final plat approvaL Commissioner Paige asked about the existing sidewalk on the north side of 171 t and east side of the railroad tracks and why it would not be extended west of the tracks. Mr.Leeseberg stated that the sidewalk was not planned out to extend past the railroad tracks and that there would be a trail on the south side of 171'. Commissioner Paige asked what was the intended use of outlot A and B? Mr.Leeseberg stated it would be commercial use. MOVED BY COMMISSIONER PAIGE AND SECONDED BY COMMISSIONER NIZIOLEK TO RECOMMEND ACCEPTING PARK DEDICATION CASH AT THE COMMERCIAL RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL,AND OUTLOT A AND OUTLOT B SHALL PROVIDE PARK DEDICATION WHEN PLATTED. MOTION CARRIED 4-0. 8.3.A. Policy Issues- Lake Orono Beach Testing and Posting Policy • Planning Commission Minutes Page 4 April 11,2006 MO\ • BY COMMISSIONER WESTGAARD AND SECONDED BY COMMI` IONER STEVENS TO RECOMMEND APPROVAL OF A CONDITI• AL USE PERMIT FOR, CASE NO.CU 06-07 WI E FOLLOWIN CONDITIONS: 1. ALL C• ENTS OF THE CITY ENGINEER SHAT BE ADDRE ED. .7 r 2. SIGNAGE S ALL COMPLY WITH THE DESIl STANDARDS AND EXHIIBITS I s$ICATING SIZE AND LOCATJONS SHALL BE PROVIDED. s 3. LIGHTING S • COMPLY WITH ESIGN STANDARDS AND EXHIBITS INDI •E! I G LOCATIO ON THE BUILDING AND ON THE SITE SHALL B B. PROVIDED. 4. BUILDING MATERIAL TYLES COLORS SHALL BE THOSE AS INDICATED ON THE 1: TERZAAL SAMPLE BOARDS DATED 4/4/2006. 5. SHED ROOFS SHALL B , UDED,ALONG WITH THE GABLE ELEMENT,AS SHO 7 , ST• 1 EXHIBIT A. 6. ALL PAVING,AS I re ICATED IN ,•E PAVING PLAN EXHIBIT, SHALL BE INST• F" ED PRIOR TO I .DANCE OF A CERTIFICATE OF OCCPANCY,; 7. ALL REVIS r PLANS REFLECTING THE c UIDING SIZE CHANGE, SHALL BE c 'OVIDED PRIOR TO THE C COUNCIL MEETING. S. THE B ' PING SHALL MEET ALL BUILDIN e ODES. 9. TH UILDING SHALL MEET ALL FIRE CODES. 10. E REMAINING SQUARE FOOTAGE OF BUILDIN t WITHIN E APPROVED PUD WILL NEED TO BE REDUCED •Y 1,220 SQUARE FEET. A TION CARRIED 7-0. 5.4. Request by Elk River Ford for Land Use Amendment to Change Land Use from Light Industrial to Highway Business.Public Hearing Case No LU 06-03 5.5. . -•uest . Elk River Ford for Zone Chan.e from Planned Unit Develo.ment to w. Commercial,Public Hearing-Case No.ZC 06-03 5.6. Request by Elk River Ford for Preliminary Plat of jabez,Public Hearing-Case No. P 06-06 5.7. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales,Public Hearing-Case No. CU 06-06 Mr.Harlicker stated the applicant is requesting approval of the four requests listed above as outlined in his staff report. Planning Commission Minutes Page 5 April 11,2006 Mr. Clark noted that the main issues the Commission should address are: • Come to a consensus on the land use amendment and the zoning change. • Discuss park dedication fees (the applicant disagrees with staff's recommendation) • Review building elevations. • Discussion regarding grading and drainage plan (due to elimination of curbing and utilizing a low impact drainage plan). • Signage (applicant is requesting a variance with Board of Adjustments after this item is discussed). Commissioner Anderson stated he was concerned about the removal of the drainage pond for the Lefebvre Addition. It Maurer stated the outlot in the Lefebvre Addition is an unbuildable remnant.He stated the pond is actually on the Ford property and is going to be replaced in a different area in order to utilize the Lefebvre outlot for four additional light industrial lots.He stated the pond is not for drainage of the Lefebvre property. Commissioner Offerman stated it makes sense to rezone the parcel to Highway Business.He questioned whether the access into Elk River Ford should be moved further away from Highway 10 (off 171•Avenue) because it may interfere with Mn/DOT's interchange plans. Mr.Maurer stated the Houle Oil site will eventually be developed and need a driveway arcess.He stated the driveways for each site would line up at this location.Mr.Maurer stated the Houle site has a lot of wetlands and the access into Ford is the farthest most easterly spot a driveway could be installed without drastically impacting wetlands on the Houle site when their driveway in installed. Mr.Maurer stated Mn/DOT's IRC does not indicate where an interchange will go along TH 10 in Elk River.He believes the intersection will be further south between 173rd Avenue and 165±Avenue because it is currently undeveloped and land acquisition would be easier and more affordable. Mr.Maurer stated the applicant is eliminating a direct access from Highway 10 and will be directing traffic to 1734 or 171•Avenues,both controlled intersections. Chair Lemke questioned when TH 10 is built to freeway standards,if the accesses at 171• and 173M Avenues would be closed. Mr.Maurer stated they most likely would be dosed and the city would be involved with constructing a frontage or backage road. Chair J cmkr opened the public hearing for the land use plan amendment from Light Industrial to Highway Business. Scott Powell, Elk River Ford Owner-Stated he is building a quality,safe,and environmentally sound project.He stated he was available for questions. Chair Lemke questioned if the applicant is voluntarily closing the direct TH 10 entrance into Ford. • • Planning Commission Minutes Page 6 April 11,2006 Mr.Powell stated they are closing the access due to safety concerns for customers and employees. There being no one else to speak to this issue,Chair Lemke closed the public hearing. Commissioner Stevens thanked the applicant for a quality project. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT FROM LIGHT INDUSTRLAL TO HIGHWAY BUSINESS. MOTION CARRIED 7-0. Chair Lemke opened the public hearing on the zone change.There being no one to speak to this issue,Chair Lemke closed the public hearing. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM HIGHWAY COMMERCIAL AND PLANNED UNIT DEVELOPMENT TO HIGHWAY BUSINESS AND LIGHT INDUSTRIAL. MOTION CARRIED 7-0. Chair Lemke opened the public hearing for the preliminary plat of Jabez.There being no one to speak to this issue,Chair Lemke closed the public hearing. Commissioner Offerman expressed concern with Ford's driveway entrance on 171•Avenue being too dose to TH 10.He stated this section would make sense for a Mn/DOT interchange due to the Twin Lakes Road traffic coming down to TH 10.He felt the city should be proactive in allowing for an interchange to develop at this location in order to help the interchange come to this location and to save money in acquisitions in the long term.He further stated concerns with traffic queuing. Commissioner Stevens concurred with Commissioner Offerman. Mr.Maurer stated that the Houle site would most likely develop before Ma/DOT has any plans for an interchange.He reiterated where the driveway access would be proposed for this site due to wetlands.He stated Ford volunteered to dose their access off TH 10 and this was a good compromise for a driveway access off 1718 Avenue in order to make it easy for customers to locate the entrance.He further stated if development continues at its current pace with the surrounding projects,the city may be required to take additional right-of-way around the TH 10 intersection at 171•Avenue. Chair Lemke stated he concurred with Commissioner Offerman.He stated it makes sense that if the city is going to get one interchange it would be where the Northstar Rail terminal and Twin Lakes Road traffic is located.He questioned if the overpass were installed at 171• Avenue,if it would come down on the Ford driveway access. Mr.Maurer disagreed that this would be the spot for a Mn/DOT interchange.He stated if the interchange were considered for this location it would be very expensive for Mn/DOT because they would have to acquire NAPA,Elk River Ford, and the Houle site.He stated the interchange would most likely be near 165th Avenue with traffic using frontage/backage roads to access the businesses at 1715(and 173w Avenues.He stated the city has agreements in place for frontage/backage roads. Planning Commission Minutes Page 7 April 11,2006 Commssioner Offer ran questioned why it would be more viable for Elk River Ford to remain at its location if the interchange is constructed six blocks away at 165th Avenue but why the driveway access on 171st Avenue can't be moved further to the east,which is shorter than six blocks. Commissioner Stevens stated the property owner has enough land that the driveway access could be moved at a later date if needed. Mr.Maurer stated we are removing a direct driveway access from TH 10 to a sig-naii7ed intersection,which will be a vast improvement. Commissioner Anderson concurred with Commissioner Offerman's concerns. He stated he doesn't want to see this intersection end up like Evans and 193rd Avenues but feels it is safer to have access on 171"Avenue.He questioned if it would be possible to close the three access points of a neighboring business (A&T Repair) and to have them share their access with Ford. Steve Rohlf,Ford representative-Stated it would be more appropriate to work out driveway access issues with A&T Repair.He stated Ford has no interest in sharing an access with them. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF JABEZ BASED ON THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARR DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC)PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS AAND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLAITED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC)PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS AAND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL Planning Commission Minutes Page 10 April 11,2006 2. THE PROJECT WILL BE COMPLETED IN PHASES. • PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING,REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING,AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. • PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. • PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. 3. THE AREA INCLUDED IN PHASE I WO AND THREE SHALL BE GRADED AND SEEDED;NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC.30-859 NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS,PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES.NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF$50,000 SHALL BE PROVIDED PRIOR TO ISSUEING THE GRADING OR BUILDING PERMITS. 10. PARKWAY STYLE LIGHTING AT THE ENTRANCES SHALL MEET A MIMIMUM CLASSIFICATION OF SEMI CUT-OFF. MOTION CARRIED 7-0. 6. • • • ess r 6.1. Update on Mar . • -••. ; Co_• -er . Commissio.. , .. erson provided an up•c _- . - March 20,2006 City Council Planning Commission Minutes Pages April 11,2006 Mr. Clark noted there is a disagreement between the applicant and staff's r ecornniendation in regards to the park dedication requirements.He stated staff is requesting park dedication fees for the entire 17.671ot.He stated the two outlots will require park dedication fees be paid when they are platted.He stated this was reviewed by the city attorney. Commissioner Stevens stated he supported staff's recommendation and it is fair. Steve Rohlf,Ford representative-Stated the city is interpreting the requirements incorrectly. He stated park dedication fees should be charged on the four newly created lots (two outlots) and the land being added to the dealership (former Red Carpet?nn site).He stated it would be approximately$80,000 in fees.He stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code,which states that park dedication fees apply to undeveloped property.He stated the city is confusing undeveloped with unplaned.He stated the existing dealership has been developed for over 30 years.He stated the property is not being subdivided but being combined.He stated the only reason they are platting the property is because it is a condition to secure a building permit.He stated his interpretation of the park dedication fees is consistent with how it was handled in the past.He stated Ford has been supplying jobs and a tax base in Elk River for over 30 years.He stated they are asking to be treated reasonably.He stated to charge in excess of$100,000 to a business trying to expand and create more jobs is unreasonable.He stated there isn't anything in the ordinance that states you have to charge the maximum fee. Commissioner Stevens questioned the city's policy for park dedication requirements.He questioned if Elk River Ford,when originally platted,paid a park dedication fee. Mr.Clark stated if the property is residential it will be charged for new units; if the property is commercial it will be charged for acreage and any further replats would not be charged park dedication fees.Mr.Clark stated Elk River Ford was never platted. Commissioner Westgaard stated Section 30-327 discussed platting and replatting but not undeveloped land.He questioned whether a compromise could be reached. Commissioner Anderson stated this issue is a decision for the City Council. Commissioner Scott stated he would lke to see the motion amended to state that the 8 acres currently being used only pay half of the park dedication fees. Commissioner Offerman concurred with Commissioner Scott.He stated the applicant made a good point in that the city gives 1 Lt'money to new companies but often doesn't recognize or give consideration to existing businesses that have been in Elk River for a long time employing people and paying taxes. Commissioner Anderson questioned how and why 50% was determined as a compromise on the fees.He stated it is not the role of this Commission to determine the percentage. He stated a vote needs to be taken on the current motion. Commission Offerman stated it is not an unreasonable request as the city gave Wal-Mart l It money and also funding for the downtown project. Commissioner Westgaard asked to reconsider the motion. Pimping Commission Minutes Page 9 April 11,2DD6 Chair Lemke stated staff recommendation has determined this fee and he questioned their process. !VII% Clark sated they are following the ordinance.He stated the staff's recommendation was reviewed with the city attorney. Chair Lemke stated a vote should be taken on the motion and the Commission could make a recommendation to the Council regarding park dedication fees. Chair Lemke asked for an explanation of low impact drainage plans,which Mr.Maurer explained. MOTION CARRIFT)5-2. Commissioners Offerman and Westgaard opposed. Commissioner Westgaard stated the applicant has been willing to work with the city on several issues and some consideration for park dedication fees should be given to the applicant for his existing business. Commissioner Ropp concurred. Commissioner Anderson stated the city can't arbitrarily reduce park dedication fees and the Commission should not be discussing this item. Commissioner Stevens concurred. Chair Lemke opened the public hearing on the conditional use permit. Steve Rohlf,Ford representative-Stated Ford may be changing the order of their phases. There being no further comments regarding this issue,Chair Lemke dosed the public hearing. Commissioner Stevens stated he is sad to see the existing tower being removed. Commissioner Offerman questioned the lighting standards.He stated auto dealerships tend to over light their locations at the entrances.He questioned the lights along the entrance. Mr.Rohlf stated the lights would be low profile decorative lights. Mr.Harlicker stated the applicant is meeting the lighting requirements. Commissioner Offerman requested a condition added for lighting at the entrances that shall meet at minimum semi cut-off classification. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ELK RIVER FORD WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. City Counal Minutes Page 9 April 17,2006 • THE REMAINING SQUARE FOOTAGE OF BUILDINGS 2 - a •PROVED PUD WILL NEED TO BE REDU 1,220 SQU. • - T. 12. A SEPARATE LETTER ;,:r - ,IN THE AMOUNT OF $50,000, SHALL BE PROVIDE I,.'- `∎ . - _.•N SITE IMPROVEMENTS FOR LOT 2 BLOCK - DGE CENTE• RIOR TO ISSUING THE GRADIN , BUILDING PERMITS. - • •N CARRIED 5-0. 6.7. Reouest by Elk River Ford for Variance Relating to Signage,Public Hearing-Case No. V 06-03 6.8. Resolution for Land Use Amendment to Change Land Use from Light Industrial to Highway Business as Requested by Elk River Ford.Public Hearing-Case No. LU 06-03 6.9. Ordinance for Zone Change from Planned Unit Development to Highway Commercial as Requested by Elk River Ford.Public Hearing-Case No.LU 06-03 6.10. Request by Elk River Ford for Preliminary Plat of Tabez Public Hearing-Case No. P 06-06 6.11. Reouest by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales Public Hearing-Case No. CU 06-06 6.12. Resolution to Vacate Drainage and Utility Easement Requested by Elk River Ford. Public Hearing-Case No.EV 06-01 Mr. Harlicker reviewed all of these requests as outlined in his staff reports. • Mayor ICinzing opened the public hearing. Scott Powell, applicant-Stated he wanted to build a safe project for the community and he is proud of the environmental aspects of the project He stated the signage meets all the criteria for a variance.He stated he has in excess of 1,200'of frontage along the highway,is dosing one access on the highway,bringing in two new businesses on one lot, and that it is very difficult for customers to access his location without the signage. Dana Anderson, 12368 speaking as a resident(he is a member of the Planning Commission)-Stated he liked the overall project design. He questioned the legal interpretation of park dedication requirements. He stated that it is important to collect park dedication fees. Steve Rohg representing the applicant-Stated the phases of the project may change. He questioned the definition of cut-off lighting.Mr.Rohlf stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code,which states that park dedication fees apply to undeveloped property. He stated the city is confusing undeveloped with unplatted. He stated the property is not being subdivided but rather combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit He stated to charge in excess of$100,000 for park dedication fees to a business trying to expand and create more jobs is unreasonable. Mr.Harlicker explained that cut-off lighting directs light downward as opposed to a globe light,which is exposed. • Mayor HIinzing closed the public hearing. City Council Minutes Page 10 April 17,2006 Variance Request • Councilmember Gumphrey stated that considering the applicant is giving up an access and has an unusual amount of highway frontage he sees no issues with allowing the variance. Councilmember Farber concurred. •Councilmember Dietz also concurred but expressed concerns with the timing for closing the TH 10 access. Mr.Maurer stated he would contact Mn/DOT and let them know the access is no longer needed.He stated Mn/DOT would probably temporarily restrict the access until they could come in later to eliminate it permanently. Mayor IUinzing stated the sign ordinance allows the addition of an extra sign when there is over 300' of frontage but doesn't address if there is 600'or 900'plus. She supports the vanance. Councilmember Morin concurred.He stated it would be a hardship to only have two signs due to the amount of frontage. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO.V 06-03 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE • UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF,OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH • SPIRIT AND INTENT OF THE ORDINANCE. MOTION CARRIED 5-0. • City Council Minutes Page I1 _Apal 17,2006 • Land Use Rauest MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-42 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM Ll (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE SUBJECT PROPERTY IS CONTIGUOUS WITH PROPERTY THAT IS CURRENTLY GUIDED HIGHWAY BUSINESS. 2. THE PROPOSED AMENDMENT WILL NOT HAVE AN ADVERSE AFFECT ON ADJACENT PROPERTIES. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 1715'AVENUE. MOTION CARRIED 5-0. Zone Change Request • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 06-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO C2 (HIGHWAY COMMERCIAL) CASE NO. ZC 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT REZONING THE PROPERTY TO C3. 2. THE PROPOSED REZONING TO C3 IS CONSISTENT WITH THE LAND USE DESIGNATION OF HIGHWAY BUSINESS. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 1715'AVENUE. MOTION CARRIED 5-0. Preliminary9la1 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT • FOR JABEZ, CASE NO. P 06-06 WITH THE FOLLOWING CONDITIONS: City Coundl Minutes - Page 12 April 17,2006 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE • PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. • 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Councilmember Farber stated he would like to see the park dedication fees reduced. • Mayor Kliniing concurred. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO AMEND THE ORIGINAL MOTION BY CHANGING CONDITION#3 TO THE FOLLOWING: 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. MOTION ON THE AMENDMENT CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. MOTION CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. • • City Council Minutes Page 13 Apn117,2006 Conditional Use Permit • MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT FOR ELK RIVER FORD, CASE NO. CU 06-06 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PROJECT WILL BE COMPLETED IN PHASES. • • PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING,AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. • PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. • PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. • 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED; NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES,THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC.30-859 NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO,BANNERS,PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES.NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF$50,000 SHALL BE • PROVIDED'PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. City Council Minutes Page 14 Apv117,2006 10. THERE SHALL BE A MINIMUM CLASSIFICATION OF SEMI CUT- • OFF LIGHTING FIXTURES INSTALLED. MOTION CARRIED 5-0. Easement Vacation MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 06-0L MOTION CARRIED 5-0. The Council took a 10 minute recess at 8:10 p.m. 6.13. •esolution to Vacate Portion of Perpetual Bank Protection Maintenance Easement Pu• . He... .•-Case No.BV 06-02 Mr.Harlick, tated an easement to protect the bank along the Mississippi Riv-.m eeds to be vacated as it en -.ches in the building area of the Bluff Block in the downt.-•• revitalization projec - ea.Mr.Harlicker stated the easement is supersede.'•y the Wild and Scenic ordinance and •• not interfere with the protection of the riv Mayor Klinzing opened the • .1k hearing.There being no one t• peak to this issue, Mayor Klinzing closed the public b .. • • MOVED BY COUNCILMEMBE• ARBER AND, CONDED BY COUNCILMEMBER MOTIN TO OPT RE UTION 0644 FOR VACATING A PERPETUAL BANK P' •TE r ION MAINTENANCE EASEMENT, CASE NO. EV 06-02.MO '' CARRIED 5-0. 6.14. School Street/High School Parking Lot Sit'alizatio r :id Award Mr. Maurer stated bids have been sec; ed for the School .eet/High School parking lot signalization improvement project. .'e stated the low bid • •om Design Electrical Contractors in the amount of$ , ,077.Mr.Maurer further sta • overhead is estimated at 20 percent,resulting in a to. .roject cost of$176,492.40. MOVED BY COUN EMBER FARBER AND SECONDE■ :Y COUNCILMEMB MOTIN TO ADOPT RESOLUTION 06-45 CEPTING BID AND AUT •RIZING EXECUTION OF CONTRACT IN T MATTER OF THE SCH' •L STREET/HIGH SCHOOL PARKING LOT SIGNAL ON IMPROVEMENT OF 2006.MOTION CARRIED 5-0: 6.15. SAv . u •_..d•rU••.t Mr .urer presented a cost and land acquisition analysis of the four possible options for d Avenue to continue from TH 169 as an east/west corridor to CSAH 13. He reviewed .ow land acquisition,temporary grading easements,building removal,relocation costs,and • road construction costs would affect each option. He stated Option 4 is least likely to • MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY IS, 2006 Members Present Mayor Klinzing, Councilmembers Dietz,Motin,Farber (left early due to family emergency),and Gumphrey Members Absent None Staff Present City Administrator Lori Johnson, Community Development Director Scott Clark.,Planner Chris Leeseberg,City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck,and Recording Secretary Tina Allard Also Present: Planning Commissioner Brad Stevens Parks and Recreation Commissioner Michael Nizolek 1. Call Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. • 2. Consider 5/15/2006 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Coid_ns er Consent ygend MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. MINUTES. • 4/24/06 BOARD OF APPEAL AND EQUALIZATION. • 5/1/06 REGULAR. • 5/1/06 EXECUTIVE SESSION. • 5/8/06 WORKSESSION. 3.2. CHECK REGISTER. 3.3. PAY ESTIMATES (ACCORDING TO REVISED MEMO DISTRIBUTED AT MEETING). 3.4. PAYMENT OF$20,661.12 FROM THE INSURANCE RESERVE TO LEAGUE OF MN CITIES INSURANCE TRUST FOR BUILDER'S ASSOCIATION OF TWIN CITIES LAWSUIT. 3.5. TRANSIENT MERCHANT LICENSE TO GEORGE VANDERLOOP. 3.6. TEMPORARY ON-SALE 3.2%MALT LIQUOR LICENSE FOR JULY 4, • 2006 AT LAKE ORONO PARK TO ELK RIVER AREA CHAMBER OF City Council Minutes Page 2 May 15,2006 --------------- --- COMMERCE CONTINGENT UPON RECEIVING LIABILITY AND • DRAM SHOP INSURANCE. 3.7. ANNUAL LIQUOR LICENSE RENEWALS AS OUTLINED IN THE STAFF REPORT. 3.8. ADOPT RESOLUTION 06-62 APPOINTING ALTERNATE REPRESENTATIVES FOR THE CITY OF ELK RIVER TO THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY. 3.9.A. ADOPT AMENDED CITY BUSINESS SUBSIDY POLICY. 3.9.B. ADOPT AMENDED TAX ABATEMENT POLICY. 3.9.C. ADOPT AMENDED TAX INCREMENT FINANCING POLICY. 3.9.D. ADOPT AMENDED ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY. PERMIT CONDITIONAL U O SALES/RESTORATION, CASE NO.CU 0611 POSTPONED TO JUNE 13,2006. RESOLUTION TION 06 63 GRANTING FINAL PLAT APPROVAL FOR JABEZ, CASE NO.P 06-06 WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT,SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. • 4. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. SURFACE WATER MANAGEMENT FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT,SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 7. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. 3.12. RESOLUTION 06-64 GRANTING FINAL PLAT APPROVAL FOR PRESTIGIOUS WOODLAND HILLS SECOND ADDITION, CASE NO P 06-09 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. 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